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Impound/Escrow Overage

Posted by Rudy on June 04, 2003 at 8:47 AM

I bought a house on a "subject to" basis. After reinstating the seller's loan,I recorded a deed taking title in my corporation's name. The bank, of course, thinks the original owners made the payment of over $40,000 to bring the loan current.

A couple weeks go by, and I get a payment coupon book with three months of coupons in it with the sellers names still on them...so far so good. But yesterday, a check arrives at the house from the bank for over $4,000 made out to the sellers (one of their names is spelled incorrectly, and transposed, i.e. his real name is Ronald Thomas, but on the check it says Thomas ROLAND)! And all it says for a description on the check is "escrow overage".

What's the best course of action?

1. Since I owe the sellers nothing, I'm hesitant to ask their cooperation in signing the check over to me. They may just say "gimme, gimme, gimme".

2. Or should I ask the bank to simply take the check back and apply it to principal?

3. How should I communicate with the bank and still maintain my veil of anonymity?

Any other suggestions?


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